Bill Text: IL HB5561 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the School Code. Provides that a public school student receiving a high school diploma shall have the right to wear a military uniform at the student's high school graduation ceremony if the student has completed basic training for and is an active member of a branch of the United States Armed Forces and is in good standing with his or her branch of the United States Armed Forces. Provides that a school's uniform or dress code policy shall comply with this provision.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB5561 Detail]

Download: Illinois-2017-HB5561-Engrossed.html



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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
510-22.25b and 34-2.3 and by adding Section 22-28 as follows:
6 (105 ILCS 5/10-22.25b) (from Ch. 122, par. 10-22.25b)
7 Sec. 10-22.25b. School uniforms. The school board may adopt
8a school uniform or dress code policy that governs all or
9certain individual attendance centers and that is necessary to
10maintain the orderly process of a school function or prevent
11endangerment of student health or safety. A school uniform or
12dress code policy adopted by a school board: (i) shall not be
13applied in such manner as to discipline or deny attendance to a
14transfer student or any other student for noncompliance with
15that policy during such period of time as is reasonably
16necessary to enable the student to acquire a school uniform or
17otherwise comply with the dress code policy that is in effect
18at the attendance center or in the district into which the
19student's enrollment is transferred; and (ii) shall include
20criteria and procedures under which the school board will
21accommodate the needs of or otherwise provide appropriate
22resources to assist a student from an indigent family in
23complying with an applicable school uniform or dress code

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1policy; and (iii) shall comply with Section 22-28 of this Code.
2A student whose parents or legal guardians object on religious
3grounds to the student's compliance with an applicable school
4uniform or dress code policy shall not be required to comply
5with that policy if the student's parents or legal guardians
6present to the school board a signed statement of objection
7detailing the grounds for the objection. This Section applies
8to school boards of all districts, including special charter
9districts and districts organized under Article 34.
10(Source: P.A. 89-610, eff. 8-6-96.)
11 (105 ILCS 5/22-28 new)
12 Sec. 22-28. Military uniform; high school graduation. A
13public school student receiving a high school diploma shall
14have the right to wear a dress uniform issued to the student by
15a branch of the United States Armed Forces while participating
16in his or her high school graduation ceremony if he or she
17meets the following requirements:
18 (1) the student has completed basic training for and is
19 an active member of a branch of the United States Armed
20 Forces; and
21 (2) the student is in good standing with his or her
22 branch of the United States Armed Forces.
23 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
24 Sec. 34-2.3. Local school councils - Powers and duties.

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1Each local school council shall have and exercise, consistent
2with the provisions of this Article and the powers and duties
3of the board of education, the following powers and duties:
4 1. (A) To annually evaluate the performance of the
5principal of the attendance center using a Board approved
6principal evaluation form, which shall include the evaluation
7of (i) student academic improvement, as defined by the school
8improvement plan, (ii) student absenteeism rates at the school,
9(iii) instructional leadership, (iv) the effective
10implementation of programs, policies, or strategies to improve
11student academic achievement, (v) school management, and (vi)
12any other factors deemed relevant by the local school council,
13including, without limitation, the principal's communication
14skills and ability to create and maintain a student-centered
15learning environment, to develop opportunities for
16professional development, and to encourage parental
17involvement and community partnerships to achieve school
18improvement;
19 (B) to determine in the manner provided by subsection (c)
20of Section 34-2.2 and subdivision 1.5 of this Section whether
21the performance contract of the principal shall be renewed; and
22 (C) to directly select, in the manner provided by
23subsection (c) of Section 34-2.2, a new principal (including a
24new principal to fill a vacancy) -- without submitting any list
25of candidates for that position to the general superintendent
26as provided in paragraph 2 of this Section -- to serve under a

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14 year performance contract; provided that (i) the
2determination of whether the principal's performance contract
3is to be renewed, based upon the evaluation required by
4subdivision 1.5 of this Section, shall be made no later than
5150 days prior to the expiration of the current
6performance-based contract of the principal, (ii) in cases
7where such performance contract is not renewed -- a direct
8selection of a new principal -- to serve under a 4 year
9performance contract shall be made by the local school council
10no later than 45 days prior to the expiration of the current
11performance contract of the principal, and (iii) a selection by
12the local school council of a new principal to fill a vacancy
13under a 4 year performance contract shall be made within 90
14days after the date such vacancy occurs. A Council shall be
15required, if requested by the principal, to provide in writing
16the reasons for the council's not renewing the principal's
17contract.
18 1.5. The local school council's determination of whether to
19renew the principal's contract shall be based on an evaluation
20to assess the educational and administrative progress made at
21the school during the principal's current performance-based
22contract. The local school council shall base its evaluation on
23(i) student academic improvement, as defined by the school
24improvement plan, (ii) student absenteeism rates at the school,
25(iii) instructional leadership, (iv) the effective
26implementation of programs, policies, or strategies to improve

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1student academic achievement, (v) school management, and (vi)
2any other factors deemed relevant by the local school council,
3including, without limitation, the principal's communication
4skills and ability to create and maintain a student-centered
5learning environment, to develop opportunities for
6professional development, and to encourage parental
7involvement and community partnerships to achieve school
8improvement. If a local school council fails to renew the
9performance contract of a principal rated by the general
10superintendent, or his or her designee, in the previous years'
11evaluations as meeting or exceeding expectations, the
12principal, within 15 days after the local school council's
13decision not to renew the contract, may request a review of the
14local school council's principal non-retention decision by a
15hearing officer appointed by the American Arbitration
16Association. A local school council member or members or the
17general superintendent may support the principal's request for
18review. During the period of the hearing officer's review of
19the local school council's decision on whether or not to retain
20the principal, the local school council shall maintain all
21authority to search for and contract with a person to serve as
22interim or acting principal, or as the principal of the
23attendance center under a 4-year performance contract,
24provided that any performance contract entered into by the
25local school council shall be voidable or modified in
26accordance with the decision of the hearing officer. The

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1principal may request review only once while at that attendance
2center. If a local school council renews the contract of a
3principal who failed to obtain a rating of "meets" or "exceeds
4expectations" in the general superintendent's evaluation for
5the previous year, the general superintendent, within 15 days
6after the local school council's decision to renew the
7contract, may request a review of the local school council's
8principal retention decision by a hearing officer appointed by
9the American Arbitration Association. The general
10superintendent may request a review only once for that
11principal at that attendance center. All requests to review the
12retention or non-retention of a principal shall be submitted to
13the general superintendent, who shall, in turn, forward such
14requests, within 14 days of receipt, to the American
15Arbitration Association. The general superintendent shall send
16a contemporaneous copy of the request that was forwarded to the
17American Arbitration Association to the principal and to each
18local school council member and shall inform the local school
19council of its rights and responsibilities under the
20arbitration process, including the local school council's
21right to representation and the manner and process by which the
22Board shall pay the costs of the council's representation. If
23the local school council retains the principal and the general
24superintendent requests a review of the retention decision, the
25local school council and the general superintendent shall be
26considered parties to the arbitration, a hearing officer shall

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1be chosen between those 2 parties pursuant to procedures
2promulgated by the State Board of Education, and the principal
3may retain counsel and participate in the arbitration. If the
4local school council does not retain the principal and the
5principal requests a review of the retention decision, the
6local school council and the principal shall be considered
7parties to the arbitration and a hearing officer shall be
8chosen between those 2 parties pursuant to procedures
9promulgated by the State Board of Education. The hearing shall
10begin (i) within 45 days after the initial request for review
11is submitted by the principal to the general superintendent or
12(ii) if the initial request for review is made by the general
13superintendent, within 45 days after that request is mailed to
14the American Arbitration Association. The hearing officer
15shall render a decision within 45 days after the hearing begins
16and within 90 days after the initial request for review. The
17Board shall contract with the American Arbitration Association
18for all of the hearing officer's reasonable and necessary
19costs. In addition, the Board shall pay any reasonable costs
20incurred by a local school council for representation before a
21hearing officer.
22 1.10. The hearing officer shall conduct a hearing, which
23shall include (i) a review of the principal's performance,
24evaluations, and other evidence of the principal's service at
25the school, (ii) reasons provided by the local school council
26for its decision, and (iii) documentation evidencing views of

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1interested persons, including, without limitation, students,
2parents, local school council members, school faculty and
3staff, the principal, the general superintendent or his or her
4designee, and members of the community. The burden of proof in
5establishing that the local school council's decision was
6arbitrary and capricious shall be on the party requesting the
7arbitration, and this party shall sustain the burden by a
8preponderance of the evidence. The hearing officer shall set
9the local school council decision aside if that decision, in
10light of the record developed at the hearing, is arbitrary and
11capricious. The decision of the hearing officer may not be
12appealed to the Board or the State Board of Education. If the
13hearing officer decides that the principal shall be retained,
14the retention period shall not exceed 2 years.
15 2. In the event (i) the local school council does not renew
16the performance contract of the principal, or the principal
17fails to receive a satisfactory rating as provided in
18subsection (h) of Section 34-8.3, or the principal is removed
19for cause during the term of his or her performance contract in
20the manner provided by Section 34-85, or a vacancy in the
21position of principal otherwise occurs prior to the expiration
22of the term of a principal's performance contract, and (ii) the
23local school council fails to directly select a new principal
24to serve under a 4 year performance contract, the local school
25council in such event shall submit to the general
26superintendent a list of 3 candidates -- listed in the local

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1school council's order of preference -- for the position of
2principal, one of which shall be selected by the general
3superintendent to serve as principal of the attendance center.
4If the general superintendent fails or refuses to select one of
5the candidates on the list to serve as principal within 30 days
6after being furnished with the candidate list, the general
7superintendent shall select and place a principal on an interim
8basis (i) for a period not to exceed one year or (ii) until the
9local school council selects a new principal with 7 affirmative
10votes as provided in subsection (c) of Section 34-2.2,
11whichever occurs first. If the local school council fails or
12refuses to select and appoint a new principal, as specified by
13subsection (c) of Section 34-2.2, the general superintendent
14may select and appoint a new principal on an interim basis for
15an additional year or until a new contract principal is
16selected by the local school council. There shall be no
17discrimination on the basis of race, sex, creed, color or
18disability unrelated to ability to perform in connection with
19the submission of candidates for, and the selection of a
20candidate to serve as principal of an attendance center. No
21person shall be directly selected, listed as a candidate for,
22or selected to serve as principal of an attendance center (i)
23if such person has been removed for cause from employment by
24the Board or (ii) if such person does not hold a valid
25administrative certificate issued or exchanged under Article
2621 and endorsed as required by that Article for the position of

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1principal. A principal whose performance contract is not
2renewed as provided under subsection (c) of Section 34-2.2 may
3nevertheless, if otherwise qualified and certified as herein
4provided and if he or she has received a satisfactory rating as
5provided in subsection (h) of Section 34-8.3, be included by a
6local school council as one of the 3 candidates listed in order
7of preference on any candidate list from which one person is to
8be selected to serve as principal of the attendance center
9under a new performance contract. The initial candidate list
10required to be submitted by a local school council to the
11general superintendent in cases where the local school council
12does not renew the performance contract of its principal and
13does not directly select a new principal to serve under a 4
14year performance contract shall be submitted not later than 30
15days prior to the expiration of the current performance
16contract. In cases where the local school council fails or
17refuses to submit the candidate list to the general
18superintendent no later than 30 days prior to the expiration of
19the incumbent principal's contract, the general superintendent
20may appoint a principal on an interim basis for a period not to
21exceed one year, during which time the local school council
22shall be able to select a new principal with 7 affirmative
23votes as provided in subsection (c) of Section 34-2.2. In cases
24where a principal is removed for cause or a vacancy otherwise
25occurs in the position of principal and the vacancy is not
26filled by direct selection by the local school council, the

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1candidate list shall be submitted by the local school council
2to the general superintendent within 90 days after the date
3such removal or vacancy occurs. In cases where the local school
4council fails or refuses to submit the candidate list to the
5general superintendent within 90 days after the date of the
6vacancy, the general superintendent may appoint a principal on
7an interim basis for a period of one year, during which time
8the local school council shall be able to select a new
9principal with 7 affirmative votes as provided in subsection
10(c) of Section 34-2.2.
11 2.5. Whenever a vacancy in the office of a principal occurs
12for any reason, the vacancy shall be filled in the manner
13provided by this Section by the selection of a new principal to
14serve under a 4 year performance contract.
15 3. To establish additional criteria to be included as part
16of the performance contract of its principal, provided that
17such additional criteria shall not discriminate on the basis of
18race, sex, creed, color or disability unrelated to ability to
19perform, and shall not be inconsistent with the uniform 4 year
20performance contract for principals developed by the board as
21provided in Section 34-8.1 of the School Code or with other
22provisions of this Article governing the authority and
23responsibility of principals.
24 4. To approve the expenditure plan prepared by the
25principal with respect to all funds allocated and distributed
26to the attendance center by the Board. The expenditure plan

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1shall be administered by the principal. Notwithstanding any
2other provision of this Act or any other law, any expenditure
3plan approved and administered under this Section 34-2.3 shall
4be consistent with and subject to the terms of any contract for
5services with a third party entered into by the Chicago School
6Reform Board of Trustees or the board under this Act.
7 Via a supermajority vote of 7 members of the local school
8council or 8 members of a high school local school council, the
9Council may transfer allocations pursuant to Section 34-2.3
10within funds; provided that such a transfer is consistent with
11applicable law and collective bargaining agreements.
12 Beginning in fiscal year 1991 and in each fiscal year
13thereafter, the Board may reserve up to 1% of its total fiscal
14year budget for distribution on a prioritized basis to schools
15throughout the school system in order to assure adequate
16programs to meet the needs of special student populations as
17determined by the Board. This distribution shall take into
18account the needs catalogued in the Systemwide Plan and the
19various local school improvement plans of the local school
20councils. Information about these centrally funded programs
21shall be distributed to the local school councils so that their
22subsequent planning and programming will account for these
23provisions.
24 Beginning in fiscal year 1991 and in each fiscal year
25thereafter, from other amounts available in the applicable
26fiscal year budget, the board shall allocate a lump sum amount

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1to each local school based upon such formula as the board shall
2determine taking into account the special needs of the student
3body. The local school principal shall develop an expenditure
4plan in consultation with the local school council, the
5professional personnel leadership committee and with all other
6school personnel, which reflects the priorities and activities
7as described in the school's local school improvement plan and
8is consistent with applicable law and collective bargaining
9agreements and with board policies and standards; however, the
10local school council shall have the right to request waivers of
11board policy from the board of education and waivers of
12employee collective bargaining agreements pursuant to Section
1334-8.1a.
14 The expenditure plan developed by the principal with
15respect to amounts available from the fund for prioritized
16special needs programs and the allocated lump sum amount must
17be approved by the local school council.
18 The lump sum allocation shall take into account the
19following principles:
20 a. Teachers: Each school shall be allocated funds equal
21 to the amount appropriated in the previous school year for
22 compensation for teachers (regular grades kindergarten
23 through 12th grade) plus whatever increases in
24 compensation have been negotiated contractually or through
25 longevity as provided in the negotiated agreement.
26 Adjustments shall be made due to layoff or reduction in

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1 force, lack of funds or work, change in subject
2 requirements, enrollment changes, or contracts with third
3 parties for the performance of services or to rectify any
4 inconsistencies with system-wide allocation formulas or
5 for other legitimate reasons.
6 b. Other personnel: Funds for other teacher
7 certificated and uncertificated personnel paid through
8 non-categorical funds shall be provided according to
9 system-wide formulas based on student enrollment and the
10 special needs of the school as determined by the Board.
11 c. Non-compensation items: Appropriations for all
12 non-compensation items shall be based on system-wide
13 formulas based on student enrollment and on the special
14 needs of the school or factors related to the physical
15 plant, including but not limited to textbooks, electronic
16 textbooks and the technological equipment necessary to
17 gain access to and use electronic textbooks, supplies,
18 electricity, equipment, and routine maintenance.
19 d. Funds for categorical programs: Schools shall
20 receive personnel and funds based on, and shall use such
21 personnel and funds in accordance with State and Federal
22 requirements applicable to each categorical program
23 provided to meet the special needs of the student body
24 (including but not limited to, Federal Chapter I,
25 Bilingual, and Special Education).
26 d.1. Funds for State Title I: Each school shall receive

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1 funds based on State and Board requirements applicable to
2 each State Title I pupil provided to meet the special needs
3 of the student body. Each school shall receive the
4 proportion of funds as provided in Section 18-8 or 18-8.15
5 to which they are entitled. These funds shall be spent only
6 with the budgetary approval of the Local School Council as
7 provided in Section 34-2.3.
8 e. The Local School Council shall have the right to
9 request the principal to close positions and open new ones
10 consistent with the provisions of the local school
11 improvement plan provided that these decisions are
12 consistent with applicable law and collective bargaining
13 agreements. If a position is closed, pursuant to this
14 paragraph, the local school shall have for its use the
15 system-wide average compensation for the closed position.
16 f. Operating within existing laws and collective
17 bargaining agreements, the local school council shall have
18 the right to direct the principal to shift expenditures
19 within funds.
20 g. (Blank).
21 Any funds unexpended at the end of the fiscal year shall be
22available to the board of education for use as part of its
23budget for the following fiscal year.
24 5. To make recommendations to the principal concerning
25textbook selection and concerning curriculum developed
26pursuant to the school improvement plan which is consistent

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1with systemwide curriculum objectives in accordance with
2Sections 34-8 and 34-18 of the School Code and in conformity
3with the collective bargaining agreement.
4 6. To advise the principal concerning the attendance and
5disciplinary policies for the attendance center, subject to the
6provisions of this Article and Article 26, and consistent with
7the uniform system of discipline established by the board
8pursuant to Section 34-19.
9 7. To approve a school improvement plan developed as
10provided in Section 34-2.4. The process and schedule for plan
11development shall be publicized to the entire school community,
12and the community shall be afforded the opportunity to make
13recommendations concerning the plan. At least twice a year the
14principal and local school council shall report publicly on
15progress and problems with respect to plan implementation.
16 8. To evaluate the allocation of teaching resources and
17other certificated and uncertificated staff to the attendance
18center to determine whether such allocation is consistent with
19and in furtherance of instructional objectives and school
20programs reflective of the school improvement plan adopted for
21the attendance center; and to make recommendations to the
22board, the general superintendent and the principal concerning
23any reallocation of teaching resources or other staff whenever
24the council determines that any such reallocation is
25appropriate because the qualifications of any existing staff at
26the attendance center do not adequately match or support

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1instructional objectives or school programs which reflect the
2school improvement plan.
3 9. To make recommendations to the principal and the general
4superintendent concerning their respective appointments, after
5August 31, 1989, and in the manner provided by Section 34-8 and
6Section 34-8.1, of persons to fill any vacant, additional or
7newly created positions for teachers at the attendance center
8or at attendance centers which include the attendance center
9served by the local school council.
10 10. To request of the Board the manner in which training
11and assistance shall be provided to the local school council.
12Pursuant to Board guidelines a local school council is
13authorized to direct the Board of Education to contract with
14personnel or not-for-profit organizations not associated with
15the school district to train or assist council members. If
16training or assistance is provided by contract with personnel
17or organizations not associated with the school district, the
18period of training or assistance shall not exceed 30 hours
19during a given school year; person shall not be employed on a
20continuous basis longer than said period and shall not have
21been employed by the Chicago Board of Education within the
22preceding six months. Council members shall receive training in
23at least the following areas:
24 1. school budgets;
25 2. educational theory pertinent to the attendance
26 center's particular needs, including the development of

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1 the school improvement plan and the principal's
2 performance contract; and
3 3. personnel selection.
4Council members shall, to the greatest extent possible,
5complete such training within 90 days of election.
6 11. In accordance with systemwide guidelines contained in
7the System-Wide Educational Reform Goals and Objectives Plan,
8criteria for evaluation of performance shall be established for
9local school councils and local school council members. If a
10local school council persists in noncompliance with systemwide
11requirements, the Board may impose sanctions and take necessary
12corrective action, consistent with Section 34-8.3.
13 12. Each local school council shall comply with the Open
14Meetings Act and the Freedom of Information Act. Each local
15school council shall issue and transmit to its school community
16a detailed annual report accounting for its activities
17programmatically and financially. Each local school council
18shall convene at least 2 well-publicized meetings annually with
19its entire school community. These meetings shall include
20presentation of the proposed local school improvement plan, of
21the proposed school expenditure plan, and the annual report,
22and shall provide an opportunity for public comment.
23 13. Each local school council is encouraged to involve
24additional non-voting members of the school community in
25facilitating the council's exercise of its responsibilities.
26 14. The local school council may adopt a school uniform or

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1dress code policy that governs the attendance center and that
2is necessary to maintain the orderly process of a school
3function or prevent endangerment of student health or safety,
4consistent with the policies and rules of the Board of
5Education. A school uniform or dress code policy adopted by a
6local school council: (i) shall not be applied in such manner
7as to discipline or deny attendance to a transfer student or
8any other student for noncompliance with that policy during
9such period of time as is reasonably necessary to enable the
10student to acquire a school uniform or otherwise comply with
11the dress code policy that is in effect at the attendance
12center into which the student's enrollment is transferred; and
13(ii) shall include criteria and procedures under which the
14local school council will accommodate the needs of or otherwise
15provide appropriate resources to assist a student from an
16indigent family in complying with an applicable school uniform
17or dress code policy; and (iii) shall comply with Section 22-28
18of this Code. A student whose parents or legal guardians object
19on religious grounds to the student's compliance with an
20applicable school uniform or dress code policy shall not be
21required to comply with that policy if the student's parents or
22legal guardians present to the local school council a signed
23statement of objection detailing the grounds for the objection.
24 15. All decisions made and actions taken by the local
25school council in the exercise of its powers and duties shall
26comply with State and federal laws, all applicable collective

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1bargaining agreements, court orders and rules properly
2promulgated by the Board.
3 15a. To grant, in accordance with board rules and policies,
4the use of assembly halls and classrooms when not otherwise
5needed, including lighting, heat, and attendants, for public
6lectures, concerts, and other educational and social
7activities.
8 15b. To approve, in accordance with board rules and
9policies, receipts and expenditures for all internal accounts
10of the attendance center, and to approve all fund-raising
11activities by nonschool organizations that use the school
12building.
13 16. (Blank).
14 17. Names and addresses of local school council members
15shall be a matter of public record.
16(Source: P.A. 100-465, eff. 8-31-17.)
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